MB v EB

MB v EB

The marital partnership ended in 2004, the separation agreement was freely entered into and not vitiated by duress or undue influence, and there was no marital acquest; the financial consequences of these findings are to be determined later.

Parties
Applicant: MB; Respondent: EB
Jurisdiction
England and Wales
Judgment Date
25 June 2019
Procedural Posture
Divorce and Financial Remedy / Judgment on Preliminary Issues
Outcome
Preliminary issues determined; financial consequences reserved for future determination.
Legal Topics
Separation Agreement, Length of Marriage, Marital Acquest, Financial Remedy, Vitiation of Agreement, Needs Assessment
Family Law Separation Agreement Length of Marriage Marital Acquest Financial Remedy Vitiation of Agreement Needs Assessment

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Parties

MB

Applicant

EB

Respondent

Procedural Posture

Divorce and Financial Remedy / Judgment on Preliminary Issues

Legal Issues

  1. 1 Determination of length of marriage
  2. 2 Impact and validity of the 2011 separation agreement
  3. 3 Existence of marital acquest

Ratio Decidendi

The marital partnership ended in 2004, the separation agreement was freely entered into and not vitiated by duress or undue influence, and there was no marital acquest; the financial consequences of these findings are to be determined later.

Court Disposition

Preliminary issues determined; financial consequences reserved for future determination.

Orders

  • Marriage partnership ended in 2004; emotional relationship continued until 2016.
  • 2011 separation agreement stands, subject only to potential argument regarding needs.